Good news for Costa del Sol firefighters who were set to lose their jobs due to swimming test complaint

The Andalusian High Court of Justice has ruled that the six from Benalmádena have the right to keep their jobs despite the annulment of the recruitment process

María José Díaz Alcalá

Benalmádena

Tuesday, 1 April 2025, 17:38

Manuel, Óscar, Luis, Natalio, Sergio and Mauro were due to hand in their firefighter uniforms on Monday after a Malaga court annulled the swimming test that ultimately granted them their contracts. However, the High Court of Justice of Andalucía (TSJA) has now ruled in their favour and they will keep their status as civil servants, after months of worrying about how they would sustain their families.

What led to the court proceedings in the first place was a complaint about the recruitment process in February 2021.

Initially, 11 candidates took the swimming test individually due to Covid-19 restrictions, which caused the exam to stretch over several hours in changing sea conditions. After complaints about the unequal conditions, the Benalmádena town hall decided to repeat the test.

The six firefighters, who were facing losing their jobs until now, had only passed the second swimming test and neither of the ones who passed the first test was granted a position. One of the latter took the matter to court. As a result, the second test was annulled on 18 July 2024, ruling that only those who passed the first test should be given a job. This led to the dismissal of the six firefighters.

However, their lawyer delivered the good news right before they were to be officially dismissed. "Those who passed a selection process and obtained a post, must have their situation respected when they are not involved in the cause that later led to the annulment of the test. This is justified by the time that has elapsed since they obtained the post," said the court ruling.

Pepe Verdugo, the firefighters' lawyer, said that justice has finally "responded to their petitions". Comparing it to other proceedings in his 30 years of experience, he described the case as "one of the cruelest" he has had to face. "I found six people abandoned," he said.

"It is not just about a job, but about a whole life built on a dream and constant sacrifice. Giving up everything to take the necessary tests; spending sleepless nights studying; giving up other job opportunities; relying on a hard-won position," said the six men, who can now proudly and peacefully continue wearing their uniforms.

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